BILL NUMBER: AB 1693	CHAPTERED  10/10/99

	CHAPTER   691
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN ASSEMBLY   MAY 18, 1999

INTRODUCED BY   Assembly Member Cardoza

                        MARCH 24, 1999

   An act to add Section 54444.5 to the Education Code, relating to
migrant children, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1693, Cardoza.  Migrant children:  service regions.
   Existing law requires the Superintendent of Public Instruction to
establish the service regional system as the primary method for the
delivery of education and other related services to migrant children.
  Existing law requires the superintendent to review and approve
plans for the establishment of service regions and to incorporate
certain criteria in the approval of regional plans including that
regional service centers are to be located in areas with high
concentrations of migrant and seasonal agricultural workers and
fishermen.  Existing law requires any changes in regional boundaries
for the subsequent fiscal year to be made and approved by December 31
of the current year.
   This bill would provide that the reorganization of service regions
shall not affect the rights to retain salary, leaves, and other
benefits of persons employed in positions that do not require
certification and would require that, among other things, an employee
of a service region that is included in any other service region
shall become the employee of the new service region if the new
service region has an equivalent vacant position that the new service
region elects to fill.  The bill would require a service region that
employs individuals pursuant to these provisions to do so on a
seniority basis.  To the extent the bill would require a new service
region or regional service center operated by local educational
agencies to employ persons from another service region, this bill
would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 54444.5 is added to the Education Code, to
read:
   54444.5.  The reorganization of service regions established
pursuant to Section 54444.1 shall not affect the right to retain
salary, leaves, and other benefits of persons employed in positions
that do not require certification as follows:
   (a) An employee of a service region that is included in any other
service region shall become the employee of the new service region if
the new service region has an equivalent vacant position that the
new service region elects to fill in its program for migratory
children.
   (b) When a portion of the service region of a regional service
center becomes part of another regional service center, an employee
regularly assigned to perform duties in the service region affected
shall become the employee of the acquiring regional service center if
the acquiring regional service center has an equivalent vacant
position that the acquiring regional service center elects to fill in
its program for migratory children.  An employee whose assignment
pertained to the affected service region, but whose employment site
was not in the service region, may elect to remain with the original
regional service center or become the employee of the acquiring
regional service center if the acquiring regional service center has
an equivalent vacant position that the acquiring regional service
center elects to fill in its program for migratory children.
   (c) When the service region of any regional service center is
divided between, or among, two or more regional service centers and
the original regional service center ceases to exist, an employee of
the original regional service center regularly assigned to perform
duties in any specific service region shall become the employee of
the regional service center acquiring the service region if the
acquiring regional service center has an equivalent vacant position
that the acquiring regional service center elects to fill in its
program for migratory children.  An employee not assigned to a
specific service region within the original regional service center
shall become the employee of any acquiring regional service center at
the election of the employee if the acquiring regional service
center has an equivalent vacant position that the acquiring regional
service center elects to fill in its program for migratory children.

   (d) If, pursuant to this section, an employee of a service region
is unable to become an employee of a new or acquiring service region
because there are no equivalent vacant positions available in the new
or acquiring service region, that employee shall be placed on an
eligibility list for an equivalent position for the migrant education
program in the new or acquiring service region for a period of not
less than 39 months.
   (e) A service region that employs individuals pursuant to this
section shall do so on a seniority basis.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to protect the positions of employees who will be
affected by an impending transfer of a migrant education program, it
is necessary that this act take effect immediately.
